The Trump administration is considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth, the most drastic move yet in a governmentwide effort to roll back recognition and protections of transgender people under federal civil rights law.
A series of decisions by the Obama administration loosened the legal concept of sex in federal programs, including in education and health care, recognizing sex largely as an individual’s choice — and prompting fights over bathrooms, dormitories, single-sex programs and other arenas where gender was once seen as a simple concept. Conservatives, especially evangelical Christians, were incensed.
Now the Department of Health and Human Services is spearheading an effort to establish a legal definition of sex under Title IX, the federal civil rights law that bans gender discrimination in education programs that receive government financial assistance, according to a memo obtained by The New York Times.
The department argued in its memo that key government agencies needed to adopt an explicit and uniform definition of gender as determined “on a biological basis that is clear, grounded in science, objective and administrable.” The agency’s proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with, according to a draft reviewed by The Times. Any dispute about one’s sex would have to be clarified using genetic testing.
“Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” the department proposed in the memo, which was drafted and has been circulating since last spring. “The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.”
The new definition would essentially eradicate federal recognition of the estimated 1.4 million Americans who have opted to recognize themselves — surgically or otherwise — as a gender other than the one they were born into.
Naturally, the Times is freaking out. Look at this headline:
You could just as easily write, “Trump Administration Eyes Defense Of Women’s College, High School Athletics”. If women don’t want male athletes who identify as women competing as women and defeating them, thanks to their superior strength, then they should be grateful for this potential common-sense, science-based move by the administration.
For example, consider the case of Andraya Woodward and Terry Miller, two biological males who identify as female, and who have been wracking up wins in female high school track events. More:
Terry and Andraya came in first and second place, respectively, in the 100-meter race at the State Open Finals on June 4. Terry also won the top prize for the 200-meter dash.
“I was expecting it,” Terry told ABC News’ Linsey Davis of the backlash she’s faced as a trans athlete. “Every day, I would go home, search up ‘track and field high school Terry Miller.'”
Some online comments have been harsh, Terry said. Critics complain that she and Andraya both have an unfair advantage, after having been assigned the male sex at birth. The critics say the male testosterone hormone gives them a leg up in sports.
Andraya told ABC News that she decided “the summer before ninth grade” it would be more appropriate for her to run on the girls’ team because she identifies as female.
So these teenagers have the power to deny the reality of biological sex, and in so doing rewrite the rules of female athletic competitions to disempower biological females. Why on earth are women standing for this? Wokeness is kryptonite for the left.
Contrary to the hysterical Times headline, if approved, the new proposed Title IX rules wouldn’t mandate discrimination, but would only establish in law that schools receiving federal funds have no Title IX obligation to give transgendered people what they want. For example, there will be no federal mandate to open female locker rooms and bathrooms to boys who identify as girls. Like I said: common sense.
Thank you, Trump.
UPDATE: This isn’t a Title IX affair, but it shows why the Trump administration is on the right course. Rachel McKinnon, a Canadian man who identifies as a woman, just won a world championship race for women cyclists.
Some biological female athletes say trans females have an unfair competitive advantage — both because of sex hormones and due to inherent strength differences.
For clarity – this was the WOMENS world championships.
I repeat. Women’s.
Congratulations to the brave faces of silver & bronze. The world is gripped by a febrile madness. pic.twitter.com/P6VkaNFeyy
— Katie Hopkins (@KTHopkins) October 14, 2018
Rachel McKinnon said it doesn’t matter if transgender women have an unfair competitive advantage, because the most important thing is to make sure that trans individuals don’t feel oppressed.
“Focusing on performance advantage is largely irrelevant because this is a [trans] rights issue,” McKinnon told USA Today. “We shouldn’t be worried about trans people taking over the Olympics. We should be worried about their fairness and human rights instead.”
Right, so the women who are disadvantaged by having to compete against biological men should just shut up and go away, because that’s the cost of making people like McKinnon feel like natural women.
Insane. And deeply unjust.
UPDATE: People are out of their minds. Trump is only thinking of returning people to the status quo of a few years ago. Denny Burk reminds people of reality:
Actually, this is simply returning things to where they were before President Obama unilaterally changed the meaning of the word “sex” in federal statutes like Title IX. He never should have done that and had no right to do that. /1 https://t.co/aLjoQzfons
— Denny Burk (@DennyBurk) October 21, 2018
UPDATE.2: Interesting observation from reader Edmund Charles:
This is a type of reverse Kavanaugh, where mothers who want the best for their daughters and spend weeks of their lives each year transporting them to soccer, volleyball, softball, basketball, gymnastics, lacrosse, and dozens other girls-only practices and games, can see that the left is threatening not only their daughters childhood, i.e. having fun playing sports, but in many cases jeopardizing their chances to play collegiate athletics. When moms feel the playing field isn’t fair while they invest so much time and money into their daughters’ athletic careers, don’t be surprised when they vote Trump in 2020, the same way the moms of sons worry about how the left will treat their sons post-Kavanaugh.